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2022 Supreme(Online)(KER) 56079

A. BADHARUDEEN, J
T.K. SHAHIDA – Appellant
Versus
BIJU N. JOSEPH – Respondent


JUDGMENT

OP(C) No. 2152 of 2021 is an original petition filed under Article

227 of the Constitution of India challenging orders in E.A. No.850 of 2021 and E.A No. 872 of 2021, by the judgment debtor in E.P. No.108 of 2019 in O.S No.203 of 2009.

2. As per the order dated 08.12.2021 this court stayed further proceedings in execution on payment of Rs.50000/- by the petitioner within 45 days. However, the learned counsel appearing for the decree holder submitted that no payment made in obedience to the order of this court.

3. In this OP, Exts. P7 and P8 orders in E.A 850/2021 and

872/2021 are under challenge on the ground that the same are not speaking orders. In fact, the copy of E.A.No. 872/2021 and 850/2021 also produced as Exts. P5 and P6 in this original petition. Going by the contentions raised in the above execution applications, nothing could be gathered to see that the judgment debtor, in fact, had any grievance in the matter of execution of decree which is the outcome of a compromise entered into between the parties much earlier. It appears that the attempt of the judgment debtor is to drag the matter under the veil of a interim order passed by this court, even without depositing

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